JoeSparky
Centurion
First the givens:
Utah Constitution is the Supreme law of Utah along with the US Constitution
In Utah nothing is illegal UNLESS there is a law making it illegal.
Utah Constitution Article 1, section 6 says, "The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms." http://le.utah.gov/~code/const/htm/00I01_000600.htm
Now reading this amendment: The right of the INDIVIDUAL person to keep and bear (Carry) arms for several reasons SHALL NOT BE INFRINGED. Then the state is given to opportunity to define the "lawful USE of arms."
Now to my question: Carry is a constitutionally protected right. Carry can be either open or concealed... either one is CARRY or "Keep and Bear"..... it is NOT a "USE" of "arms." Use of arms would be things like USING it to defend myself or others or the STATE which are all currently Legal as defined by the state. Other uses which the state considers to be against the law or UNLAWFUL would be armed robbery, attempted homicide, or homicide. Concealed Carry or Open Carry of a weapon IS NOT A USE, it is a form of "carry"
So, it is logical to read Article 1, Section 6 of the UTAH Constitution to already gives us "CONSTITUTIONAL CARRY."--- I know it protects the right we already have!
I know we have laws in Utah that CLAIM to make the carry of a concealed weapon in UTAH a crime unless one has a permit allowing one to carry concealed. MY question is: ARE THESE LAWS THAT PROHIBIT THE CARRY OF A CONCEALED WEAPON CONSTITUTIONAL IN LIGHT OF OUR UTAH CONSTITUTION?
Utah Constitution is the Supreme law of Utah along with the US Constitution
In Utah nothing is illegal UNLESS there is a law making it illegal.
Utah Constitution Article 1, section 6 says, "The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms." http://le.utah.gov/~code/const/htm/00I01_000600.htm
Now reading this amendment: The right of the INDIVIDUAL person to keep and bear (Carry) arms for several reasons SHALL NOT BE INFRINGED. Then the state is given to opportunity to define the "lawful USE of arms."
Now to my question: Carry is a constitutionally protected right. Carry can be either open or concealed... either one is CARRY or "Keep and Bear"..... it is NOT a "USE" of "arms." Use of arms would be things like USING it to defend myself or others or the STATE which are all currently Legal as defined by the state. Other uses which the state considers to be against the law or UNLAWFUL would be armed robbery, attempted homicide, or homicide. Concealed Carry or Open Carry of a weapon IS NOT A USE, it is a form of "carry"
So, it is logical to read Article 1, Section 6 of the UTAH Constitution to already gives us "CONSTITUTIONAL CARRY."--- I know it protects the right we already have!
I know we have laws in Utah that CLAIM to make the carry of a concealed weapon in UTAH a crime unless one has a permit allowing one to carry concealed. MY question is: ARE THESE LAWS THAT PROHIBIT THE CARRY OF A CONCEALED WEAPON CONSTITUTIONAL IN LIGHT OF OUR UTAH CONSTITUTION?